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NY L82831





March 30, 2005

CLA-2-95:RR:NC:SP:225 L82831

CATEGORY: CLASSIFICATION

TARIFF NO.: 9505.90.6000

Ms. Andrea Holtan
Costco Wholesale
999 Lade Drive
Issaquah, WA 98027

RE: The tariff classification of a candleholder assortment from China.

Dear Ms. Holtan:

In your letter dated March 4, 2005, you requested a tariff classification ruling.

You submitted a sample of an assortment of Decorative Halloween Bag Tealight Candle Holders identified as assortment number S47326-6. The assortment consists of six candleholders made of black iron sheet metal and orange glass in the shape of a trick-or treat bag that measures approximately 4” in height x 2-1/2” in width x 3-1/2” in length. Each candleholder has a circular 1” depression inside for the insertion of a tealight candle (not included), and is decorated on their two long sides with images of a witch, a jack-o’-lantern, a ghost, a black cat, a bat, and a spider, respectively. When a tealight candle is inserted and lit, the depicted image will glow orange. The candleholder assortment will be marketed and sold as a home decoration for the Halloween holiday

Your sample is being returned upon your request.

The applicable subheading for the assortment of Decorative Halloween Bag Tealight Candle Holders identified as assortment number S47326-6 will be 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Festive, carnival or other entertainment articles, including magic tricks and practical joke articles; parts and accessories thereof: Other: Other." The rate of duty will be Free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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